The Judicial Power: Case or Controversy Requirement: Advisory Opinions

Question 1

Advisory Opinions

Answer 1

Opinions on legal questions asked by the legislature, government officials or other courts

Question 2

Muskrat v. United States

Answer 2

SCOTUS may not rule on the constitutionality of an act of Congress if there’s no case or controversy.

Question 3

Muskrat v. United States

Issue

Answer 3

Whether SCOTUS has the power to decide the constitutionality of an act of Congress when there is no case or controversy

Question 4

Muskrat v. United States

Facts

Answer 4

Muskrat brought a suit challenging laws Congress passed that limited the amount of land each Native American was allotted.

Question 5

Muskrat v. United States

Reasoning

Answer 5

If SCOTUS ruled on an issue when there was no case or controversy, it would expand the powers the Constitution gave the Court and so would be unconstitutional.